§ 63-29-13. Disclosure to warranty holder; contents
Every vehicle protection product warranty shall be written in clear, understandable language and shall be printed or typed in an easy-to-read point size and font and shall not be sold or offered for sale in the state unless the warranty:
Contains a disclosure that reads substantially as follows: “This agreement is a product warranty and is not insurance.”;
Identifies the warrantor, the administrator (if any), the seller and the warranty holder;
Sets forth the procedure for making a claim, including a telephone number;
Sets forth the total purchase price and the terms under which it is to be paid, however, the purchase price is not required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale;
Sets forth any terms, restrictions or conditions governing transferability of the warranty, if any;
Conspicuously sets forth all of the obligations and duties of the warranty holder such as the duty to protect against any further damage to the vehicle, the obligation to notify the warrantor in advance of any repair or other similar requirements, if any;
Conspicuously states the existence of a deductible amount, if any;
Specifies the payments or performance to be provided under the warranty including payments for incidental costs, the manner of calculation or determination of payments or performance and any limitations, exceptions or exclusions;
Sets forth the conditions on which substitution will be allowed;
Conspicuously states that the obligations of the warrantor to the warranty holder are insured under a warranty reimbursement insurance policy;
Conspicuously states that, in the event a warranty holder must make a claim against a party other than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to make a direct claim against the insurer upon the failure of the warrantor to pay any claim or meet any obligation under the terms of the warranty within sixty (60) days after proof of loss has been filed with the warrantor; and
Conspicuously states the name and address of the issuer of the warranty reimbursement insurance policy. This information need not be preprinted on the warranty form but may be stamped on the warranty.
At the time of sale, the seller or warrantor shall provide to the purchaser:
A copy of the vehicle protection product warranty; or
A receipt or other written evidence of the purchase of the vehicle protection product and a copy of the warranty within thirty (30) days of the date of purchase.
